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Accepted at the twenty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 16, 2006 No. 27-6)

MODEL LAW

About counteraction to terrorism financing

This Law establishes legal and organizational basis of the state policy aimed at providing the state, public and international security by creation of legal mechanisms on overlapping of channels and liquidation of sources of financing of terrorism.

This Law governs the relations of the citizens of the state who are constantly living in its territory of stateless persons, foreign citizens, the organizations performing transactions with money or other property and also the state bodies performing the activities connected with counteraction to terrorism financing.

Chapter 1. General provisions

Article 1. Basic concepts

For the purposes of this Law the following basic concepts are used:

terrorist activities - the activities of physical persons and organizations directed to making of the acts determined by regulations of the national legal system as crimes of terrorist nature;

terrorism financing - provision or fund raising or rendering financial services with understanding that they are intended for financing of the organization, preparation and making at least of one of the acts determined by regulations of the national legal system as crimes of terrorist nature, or for providing the terrorist organization;

the terrorist organization - the organization created for the purpose of implementation of terrorist activities or acknowledging use possibility in the activities of terrorism. The organization is recognized terrorist if at least one of its structural divisions performs terrorist activities with the consent of at least one of governing bodies of this organization;

transactions with money or other property - the actions of physical persons and legal entities with money or other property irrespective of form and method of their implementation directed to establishment, change or the termination of the related civil laws and obligations;

authorized body - the state body of the executive authority performing functions on counteraction to financing of terrorism and coordinating activities in this sphere of other executive bodies according to the national legal system;

internal control - organization activity, performing transactions with money or other property, on identification of the transactions which are subject to mandatory control and other transactions with money or other property connected with terrorism financing;

mandatory control - set of the measures for the control of transactions with money or other property performed based on information provided to it by the organizations performing such transactions and also for verification of this information according to the national legal system taken by authorized body.

Article 2. Legal regulation in the field of counteraction to terrorism financing

Legal regulation in the field of counteraction to financing of terrorism is performed by the constitution of the state (fundamental law), this Law, the laws and other regulatory legal acts of the state, international treaties of the state, the conventional principles and rules of international law. If the international treaty establishes other rules than provided by this Law and other acts of the national legal system in the field of counteraction to terrorism financing, then rules of the international treaty are applied.

Article 3. Principles of state policy and measure for counteraction to terrorism financing

1. The basic principles of state policy in the field of counteraction to financing of terrorism are:

- observance of requirements of the national legal system, conventional principles and rules of international law, establishment of responsibility for their violation;

- recognition of financing of terrorism by felony crime;

- inevitability of punishment for the activities connected with terrorism financing irrespective of motives of its implementation;

- consideration of activities for counteraction to terrorism financing as one of the most effective ways of the prevention of crimes of terrorist nature;

- combination of public and secret methods in the organization of work on counteraction to terrorism financing;

- development of international cooperation in the field of counteraction to terrorism financing;

- application of proportionate and effective criminal, civil or administrative sanctions (including financial) concerning persons and the organizations involved in terrorism financing;

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